Belgium

Country Reports on Human
Rights Practices - 2001Released by the Bureau
of Democracy, Human Rights, and LaborMarch 4, 2002

Belgium is a parliamentary democracy with a constitutional monarch who
plays a mainly symbolic role. The Council of Ministers (Cabinet), led by
the Prime Minister, holds office as long as it retains the confidence of
the lower house of the bicameral Parliament. Belgium is a federal state
with several levels of government, including national, regional (Flanders,
Wallonia, and Brussels), and community (Flemish, Francophone, and German).
The Government respects the constitutional provisions for an independent
judiciary in practice.

The Government maintains effective control of all security forces. In a
sweeping reorganization carried out during the year, the former Police
Judiciare and the Gendarmerie merged at the federal level to form a new
federal police force responsible for internal security and nationwide law
and order issues. Local Gendarmeries merged with local police forces and
operate as local branches of the federal police in all 196 police
districts.

The country, which has a population of approximately 10 million, is
highly industrialized, with a vigorous private sector and limited
government participation in industry. The primary exports are machinery
and equipment. The 2000 estimated GDP was $230 billion. The economy
provides a high standard of living for most citizens.

The Government generally respected the human rights of its citizens,
and the law and the judiciary provide effective means of dealing with
individual instances of abuse. Trafficking in women and children and
violence against women remained problems, and the Government took steps to
combat them.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom
From:

a. Arbitrary or Unlawful Deprivation of Life

There were no reports of the arbitrary or unlawful deprivation of life
committed by the Government or its agents.

In December police arrested former Socialist Party Minister Alain Van
der Biest and eight other persons in connection with the killing of
Socialist Party leader Andre Cools in 1991.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment

The law prohibits such practices, and in general government officials
did not employ them; however, there were reports that authorities
mistreated some foreign nationals during their detention and deportation
(see Section 2.d.).

In addition to the integration of the police forces, on January 1 the
Federal Police Council, an oversight unit, and an anticorruption unit
began operations.

A delegation from the Council of Europe's Committee for the Prevention
of Torture carried out one of its periodic visits to the country in
November and December. The Committee's report had not been released by
year's end.

Prison conditions vary: Newer prisons generally meet international
standards, while some older facilities nearly meet international standards
despite their Spartan physical conditions and limited resources.
Overcrowding is a problem: In August the prison system, which is designed
to hold 7,500 prisoners, held approximately 8,600. Due to the lack of
space in specialized centers, juveniles may be held up to 15 days in adult
prisons. The Government does not hold convicted criminals and pretrial
detainees in separate facilities. Men and women are held separately.
Families are allowed to visit prisoners without supervision. Approximately
115 prisoners, nearing the end of their sentences, lived at home under
electronic surveillance at year's end. The Government plans to expand the
program to 300 prisoners in 2002. The Government permits visits by
independent human rights monitors, and such visits took place.

d. Arbitrary Arrest, Detention, or Exile

The law prohibits arbitrary arrest and detention, and the Government
generally observes these prohibitions. Arrested persons must be brought
before a judge within 24 hours. Pretrial confinement is subject to monthly
review by a panel of judges, which may extend pretrial detention based on
established criteria (e.g., whether, in the court's view, the arrested
person would be likely to commit further crimes or attempt to flee if
released). At times lengthy pretrial detention is a problem. Bail exists
in principle under the law but is granted rarely. Approximately 40 percent
of the prison population consists of pretrial detainees. Pretrial
detainees receive different privileges from convicted criminals, such as
the right to more frequent family visits. Arrested persons are allowed
prompt access to a lawyer of their choosing or, if they cannot afford one,
to an attorney appointed by the State.

An indicting court ruled in September that Fehriye Erdal, a Kurdish
woman accused of involvement in a 1996 terrorist attack in Turkey in which
a prominent businessman was killed, could be tried for murder under the
1977 European Convention on the Suppression of Terrorism. Lawyers for
Erdal argued in court that the Belgian courts had no jurisdiction over the
case. Erdal was arrested in Knokke in 1999 and charged with weapons
violations. The Government refused the Turkish Government's extradition
request in 2000 because of the possibility that Erdal could face the death
penalty in Turkey. Erdal sought asylum in Belgium in 2000. After her
request was denied, she went on a hunger strike to protest her continued
detention. She discontinued her hunger strike in August, 2000, when she
was placed under house arrest at an undisclosed location. Erdal remained
under house arrest pending trial at year's end.

The law prohibits forced exile, and the Government does not employ
it.

e. Denial of Fair Public Trial

The Constitution provides for an independent judiciary, and the
Government generally respects this provision in practice.

The judicial system is organized according to specialization and
territorial jurisdiction, with 5 territorial levels: Canton (225),
district (27), provinces and Brussels (11), courts of appeal (5), and the
Cour de Cassation, which is the highest appeals court.

Military tribunals try military personnel for common law as well as
military crimes. All military tribunals consist of four military officers
and a civilian judge. At the appellate level, the civilian judge presides;
a military officer presides at trial. The accused has the right of appeal
to a higher military court.

Each judicial district has a Labor Court, which deals with litigation
between employers and employees regarding wages, notice, competition
clauses, and social security benefits (see Section 6.b.). There is also a
magistrate in each district to monitor cases involving religious groups
(see Section 2.c.).

The law provides for the right to a fair trial, and an independent
judiciary generally enforces this right. Charges are stated clearly and
formally, and there is a presumption of innocence. All defendants have the
right to be present, to have counsel (at public expense if needed), to
confront witnesses, to present evidence, and to appeal.

In June Parliament passed legislation creating a federal prosecutor's
office. The new office was to be phased in gradually and will be
responsible for prosecuting crimes against the security of the state, and
for crimes involving nuclear material, human trafficking, arms
trafficking, human rights violations, and terrorism. Such crimes
previously fell under the less coordinated jurisdiction of several
different national prosecuting magistrates.

As part of an ongoing program of judicial reform, the Government's
summary trial act became effective in 2000. This act, which covers crimes
punishable by 1 to 10 years' imprisonment, allows a prosecutor to issue an
arrest warrant for the immediate appearance in court of an offender caught
in the act of allegedly committing a crime. The warrant expires after 7
days, and the court must render its verdict within 5 days of the initial
hearing. The first conviction under this act, against a British citizen
accused of hooliganism during the Euro 2000 soccer championship, was
upheld in April by the appellate court. Defense attorneys challenged the
summary trial procedures in May before the cour de cassation. Several
human rights organizations claim that summary trial violates the
presumption of innocence and jeopardizes the right to a full and fair
defense. The Justice Minister announced plans early in the year to reform
the summary trial procedure. This procedure, which magistrates rarely
applied during the year, was used in less than 50 cases.

A High Council on Justice supervises the appointment and promotion of
magistrates. The Council serves as a permanent monitoring board for the
entire judicial system and is empowered to hear complaints against
individual magistrates.

Following a 1998 review of the judicial system, the Government
implemented several reforms that granted stronger rights to victims of
crime. These measures allow victims to have more access to information
during an investigation, as well as the right to appeal if an
investigation does not result in a decision to bring charges. As part of
its program of judicial reform, the Government undertook to open "justice
houses" in each of the 27 judicial districts. These facilities combine a
variety of legal services under one roof, including legal aid, mediation,
and victim's assistance. As of September, 21 of the proposed justice
houses had opened.

In 1999 Parliament enacted legislation that further defines crimes
against humanity, war crimes, and genocide and also imposes penalties for
such crimes. The law provides that Belgian courts have jurisdiction over
such crimes no matter where they were committed, and it does not grant
immunity to heads of state or government. As a result of the new law,
commonly known as the law on universal jurisdiction, the courts have
become a forum for third party efforts to try alleged human rights
violations by high-profile participants in past and present conflicts in
Central Africa, the Middle East, and South America. On June 8, a Brussels
court rendered guilty verdicts against four Rwandans charged with genocide
in Rwanda in 1994. The four sought refuge in Belgium shortly after the
genocide; many of their accusers lived in Belgium. The four were sentenced
to 12 to 20 years' imprisonment in Belgian prisons. The trial represents
the first time a foreign citizen was convicted in a Belgian national court
for crimes against humanity committed in a foreign country.

In June, citing the law on universal jurisdiction, two groups of
Palestinians and Lebanese in Brussels filed complaints against Israeli
Prime Minister Ariel Sharon and others for their alleged roles in mass
killings in the Lebanese refugee camps of Sabra and Shatila in 1982, when
Sharon was defense minister. A prosecutorial review of the legal case was
suspended in September pending a ruling by relevant legal authorities on
the jurisdiction of Belgian courts in the cases.

Similar complaints alleging crimes against humanity were filed during
the year against seven other heads of state or government. By year's end,
no action had been taken on these complaints. The Democratic Republic of
Congo challenged the law on universal jurisdiction in 2000 at the
International Court of Justice, arguing that the law violates the
principle of sovereign immunity. A ruling was expected in 2002.

The law prohibits such actions, and the Government generally respects
these prohibitions in practice.

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The law provides for freedom of speech and of the press, and the
Government generally respects this right in practice. An independent
press, an effective judiciary, and a functioning democratic political
system combine to ensure freedom of speech and of the press. There are
restrictions on the press regarding libel, slander, and the advocacy of
racial or ethnic discrimination, hate, or violence.

The Government operates several radio and television networks but does
not control editorial content; boards of directors that represent the main
political parties in Parliament, and linguistic communities supervise
programs. Private radio and television stations operate with government
licenses. Almost all homes have access by cable to television from other
Western European countries and elsewhere. Satellite services also are
available.

The Government generally does not restrict Internet access.

Academic freedom is respected.

b. Freedom of Peaceful Assembly and Association

The law provides for the freedoms of assembly and association, and the
Government generally respects these rights in practice.

Citizens are free to form organizations and establish ties to
international bodies; however, the Antiracism Law prohibits membership in
organizations that practice discrimination "overtly and repeatedly" (see
Section 5).

c. Freedom of Religion

The Constitution provides for freedom of religion, and the Government
generally respects this right in practice. The law accords "recognized"
status to Roman Catholicism, Protestantism, Judaism, Anglicanism, Islam,
and Greek and Russian Orthodox, and these religions receive subsidies from
government revenues. The Government also supports the freedom to
participate in nonconfessional philosophical organizations (laics). Laics
serve as a seventh recognized "religious" group, and their organizing
body, the Central Council of Non-Religious Philosophical Communities of
Belgium, receives funds and benefits similar to those of the six
recognized religions.

By law each recognized religion has the right to provide teachers at
government expense for religious instruction in schools. For recognized
religions, the Government pays the salaries, lodging, and retirement
expenses of ministers and also subsidizes the construction and renovation
of church buildings. During the year, the Muslim executive Council applied
for the first time for subsidies, and the Government announced in April
that in 2002 it will recognize 75 mosques and pay salaries to imams
assigned to these mosques.

The lack of independent recognized status generally does not prevent
religious groups from freely practicing their religions. Nonrecognized
groups do not qualify for government subsidies but can qualify for
tax-exempt status as nonprofit organizations.

Some recognized religions complained of incidents of religious
discrimination. The Muslim Executive Council reported that women and girls
wearing traditional dress or headscarves in some cases face discrimination
in employment and public and private school admissions even though the law
does not prohibit such dress. The Court of Cassation, the nation's highest
court, ruled in January that municipal authorities may not deny an
identification card to a woman wearing a headscarf.

In February the Church of Scientology took legal action to force the
return of documents seized in a 1999 police raid of church facilities and
the homes and businesses of about 20 members. The Church of Scientology
also filed a complaint asserting that the Prosecutor's Office provided
prejudicial statements to the press in violation of the country's secrecy
laws regarding investigations. A second, smaller raid on the Church of
Scientology's Brussels headquarters took place on February 8 at which time
additional documents were seized. Most of the seized computer equipment
was returned to the Church, but the documents from both raids still were
being held by the investigating magistrate at year's end. In March the
Church filed a complaint against the Government with the U.N. Special
Rapporteur on Religious Intolerance. No arrests were made or charges filed
against church members as a result of the original raid.

In April 2000, authorities began refusing to issue visas to
missionaries of the Church of Jesus Christ of Latter-Day Saints (Mormons)
to enter the country for missionary work. Similar visas were issued for
decades without problems. In July 2000, the Ministry of Interior
instituted temporary procedures designed to ensure the issuance of visas
to the missionaries and undertook to establish new permanent procedures by
October 2000. At year's end, visas were being issued regularly, but the
Government had not devised new permanent procedures.

In 1998 Parliament adopted recommendations from a 1997 commission's
report on government policy toward sects, particularly sects deemed
"harmful" under the law. The report divided sects into two broadly defined
categories: It characterized a "sect" as any religious-based organization,
and a "harmful sect" as a group that may pose a threat to society or
individuals. Attached to the report was a list of 189 sectarian
organizations that were mentioned during testimony before the commission.
Although the introduction to the list clearly stated that there was no
intent to characterize any of the groups as "dangerous," the list quickly
became known in the press and to the public as the "dangerous sects" list.
This list was not part of the report approved by Parliament.

Some groups included in the parliamentary list of 189 sects continued
to complain that their inclusion has resulted in discriminatory action
against them. For example, in March Jehovah's Witnesses--not an officially
recognized religion--received a letter from the Brussels Exhibition Center
notifying them that they could not use its facilities for their April
convention. The group had held its annual convention at the Exhibition
Center since 1968. The rejection letter specifically mentioned the
appearance of Jehovah's Witnesses on the parliamentary list of 189 sects
as the reason for the refusal. In November a similar incident occurred
when the Church of Scientology was informed on the morning of the
scheduled day that it could not use the International Press Center to
announce its suit against the Commission's dangerous sect list. A
representative of the center reportedly cited the presence of the Church
of Scientology on the commission's list as a reason for the cancellation.
However, in a subsequent review of the refusal, the Center decided that in
the future the Church of Scientology could use the facilities.

One of the primary recommendations of the parliamentary report was the
creation of a government-sponsored Center for Information and Advice on
Harmful Sectarian Organizations. The center began limited operations in
1999 and was fully operational and open to the public at the beginning of
the year. The Government tasks the center with collecting publicly
available information on a wide range of religious and philosophical
groups and providing information and advice to the public regarding the
legal rights of freedom of association, privacy, and freedom of religion.
The center is authorized to share with the public any information it
collects on religious sects but, despite its name, the regulations
prohibit it from categorizing any particular group as harmful.

In late fall the center released its first report, covering the period
from 1999 to 2000. The report reviewed the laws creating the center,
meetings in which the center participated, and projects of the center. It
identified two responses rendered by the center to specific government
requests: First, it issued a "favorable" opinion of the European Center
for Research and Information on Sectarianism in response to an inquiry
from the Foreign Ministry; and, second, it issued a "favorable" opinion of
the Mormon Church in response to an inquiry from the Ministry of the
Interior. The report also recommended that the Ministry of Justice adopt a
law to prohibit the abuse of a situation of "weakness."

An interagency coordination group designed to work in conjunction with
the center to coordinate government policy meets bimonthly to exchange
information on sect activities. The Government also has designated a
national magistrate and one magistrate in each of the 27 judicial
districts to monitor cases involving sects. Some courts in the Flanders
region continued to stipulate, in the context of child custody proceedings
and as a condition of granting visitation rights, that a noncustodial
parent who is a member of Jehovah's Witnesses may not expose his or her
children to the teachings or lifestyle of that religious group during
visits. These courts have claimed that such exposure would be harmful to
the child; however, other courts have not imposed this restriction.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation

The law provides for these rights, and the Government generally
respects them in practice.

In 2000 the Government began a "regularization" program for three
categories of undocumented aliens: Those who had applied for asylum at
least 4 years earlier and had received no answer or a negative answer;
those whose medical condition made a return to their country of origin
inadvisable; and those who could not return to their country of origin for
political reasons. Undocumented aliens who could demonstrate evidence of a
lasting integration into their community also were allowed to apply.
Successful applicants were to be granted legal residence status. During
the application period, the Government received 32,662 applications
representing 50,600 individuals. Human rights groups criticized both the
border controls that were imposed during the application period to prevent
undocumented aliens living in other countries from applying and the slow
pace of the approval process. At year's end, the Ministry of the Interior
reported that, of the 32,662 applications, it had made positive
determinations in 22,873 cases, made negative decisions in 5,013 cases,
and the remainder were pending. Those denied were ordered to leave the
country. Human rights organizations unsuccessfully sought financial aid
for the applicants awaiting a determination.

Also in 2000, Parliament amended the nationality code to facilitate the
acquisition of Belgian citizenship. Under the terms of the amended code,
foreigners can apply for naturalization after living legally in the
country for 3 years. Stateless persons and refugees can apply after 2
years. Moreover foreigners who have maintained their residence in the
country for 7 years may acquire citizenship simply by declaring their
intent to their local municipal authorities. Adult foreigners living
outside the country may declare their Belgian nationality as soon as one
parent legally has acquired it.

The law includes provisions for the granting of refugee and asylee
status in accordance with the 1951 U.N. Convention Relating to the Status
of Refugees and its 1967 Protocol. The Government cooperates with the
office of the U.N. High Commissioner for Refugees and other humanitarian
organizations in assisting refugees. The Government provides first asylum.
The number of asylum applications dropped significantly during the first
half of the year. Authorities believe the decrease was due to more
stability in the Balkans and a change in government policy to provide
in-kind assistance rather than direct assistance. The Government reported
that it received 18,871 new asylum applications in the first 10 months of
the year, compared with 42,691 during 2000. Of the 18,871, the Government
refused 16,591; 2,280 remained under review. Normally only about 10
percent of applications are approved.

In response to complaints about slow processing time and the large
backlog of asylum applications, the Government adopted a "last in, first
out" policy in processing new applications. This policy is intended to
reduce processing time for applicants. The backlog nevertheless remained
at about 40,000 cases during the year.

The Government, in partnership with the International Organization for
Migration (IOM), provides relocation assistance to unsuccessful asylum
applicants who agree to repatriate voluntarily to their country of origin.
Unsuccessful applicants who do not leave voluntarily are subject to
deportation. During the first 10 months of the year, approximately 11,500
asylum seekers left the country; approximately 3,000 left voluntarily,
4,200 were repatriated, and 4,300 were expelled.

Undocumented asylum seekers arriving by air, whose claims do not appear
legitimate as determined by immigration officials, are not allowed to
enter but are held in a closed detention center at the airport often for
as long as 5 months while awaiting deportation or voluntary repatriation.
The children of such asylum seekers do not attend school. Those applicants
whose claims appear to be legitimate are released to a system of 27 asylum
centers for shelter and assistance. These centers have a total capacity of
5,000 beds. The centers, funded mainly by the Government and the Belgian
Red Cross, have been overtaxed by the large backlog of asylum seekers, and
the Government has solicited assistance from municipalities to handle the
overflow.

Section 3 Respect for Political Rights: The Right of Citizens to Change
Their Government

The law provides citizens with the right to change their government
peacefully, and citizens ages 18 and older exercise this right in practice
through periodic, free, and fair elections held on the basis of universal
suffrage. Voting in all elections is compulsory, and failure to vote is
subject to a nominal fine. Direct popular elections for parliamentary
seats (excluding some Senators elected by community councils and others
elected by Senate members) are held at least every 4 years. Opposition
parties operate freely.

The Federal Government is responsible for security, justice, social
security, and fiscal and monetary policy. The regional governments are
charged with matters that directly affect the geographical regions and the
material well-being of their residents, such as commerce and trade, public
works, and environmental policy. The linguistic community councils handle
matters more directly affecting the mental and cultural well-being of the
individual, such as education and the administration of certain social
welfare programs.

The existence of communities speaking Dutch, French, and German
engenders significant complexities for the state. Most major institutions,
including political parties, are divided along linguistic lines. National
decisions often take into account the specific needs of each regional and
linguistic group.

The law prohibits federal funding for political parties that espouse
discrimination. In June the Brussels prosecutor charged three nonprofit
organizations linked to the Vlaams Blok party with violations of the law.
The district court held that it was not competent to hear the case. The
prosecutor and the Center for Equal Opportunities and Opposition to
Racism, an autonomous governmental entity, appealed the decision, but the
appelate court took no action by year's end.

The percentage of women in government or politics does not correspond
to their percentage of the population, but some women hold senior
positions. Of 17 federal ministers, 4 are female. In the Federal
Parliament, 36 of 150 Chamber of Representatives members and 21 of 71
Senators are female. In March the Senate passed a proposed amendment to
the Constitution that would provide for the presence of both genders in
the federal, regional, provincial, and local governments. By year's end,
the proposed amendment remained under consideration by the Chamber of
Representatives. Federal law requires that at least one-third of the
candidates in each national and each local election be female.

A number of domestic and international human rights groups in general
operate without government restriction, investigating and publishing their
findings on human rights cases. Government officials are very cooperative
and responsive to their views.

Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status

The law prohibits discrimination based on these factors, and the
Government enforces antidiscrimination law. In March the Senate passed a
proposed constitutional amendment that states more clearly the equality of
men and women; the proposed amendment was pending in the Chamber of
Representatives at year's end. With Dutch, French, and German as official
languages, the country has a complex linguistic regime, including language
requirements for various elective and appointive positions. The law
prohibits the official financing of any racist or xenophobic party or any
party that does not respect human rights (see Section 3).

Women

Violence against women was a problem. A 1998 study commissioned by the
Ministry of Employment and Labor (which is also responsible for equality
issues) reported that 16.8 percent of women acknowledged suffering from
repeated domestic physical or sexual violence at some point in their
lives. The law defines and criminalizes domestic violence, with the aim of
protecting married and unmarried partners. The law allows social
organizations to represent victims of domestic violence in court with the
victim's consent. A 1999 law allows police to enter a home without the
consent of the head of household when investigating a domestic violence
complaint. According to its proponents, the police do not use the law
enough. By year's end, the Government had not implemented other provisions
of the law that require it to establish and maintain a database of
accurate statistics on domestic violence.

A number of government-supported shelters and telephone help lines are
available throughout the country. In addition to providing shelter and
advice, many offer assistance on legal matters, job placement, and
psychological counseling for both partners. Approximately 80 percent of
these organizations' budgets are provided by one of the three regional
governments.

The law prohibits organizing prostitution or assisting immigration for
the purpose of prostitution, but not prostitution itself. A 1995 law
defined and criminalized trafficking in persons; however trafficking in
women remained a problem (see Section 6.f.).

Sexual harassment is illegal. The Government has implemented procedures
to monitor sexual harassment claims. Victims of sexual harassment have the
right to sue their harassers under existing law, and according to the law,
sexual harassment can be a form of sexual discrimination. The act outlaws
discrimination in hiring, working conditions, promotion, wages, and
contract termination. Despite these laws, most cases of sexual harassment
are resolved informally. A study by the Ministry of Defense in October
2000 found that 54 percent of women in the armed forces had been subjected
to abusive language, 36 percent had experienced unwelcome physical
contact, and 4.6 percent reported being the victim of sexual harassment
involving physical violence.

The equal treatment of men and women is provided for in the
Constitution, federal law, and treaties incorporated into law. The
Government actively promotes a comprehensive approach to the integration
of women at all levels of decisionmaking. The Division of Equal
Opportunity, a part of the Ministry of Labor, focuses specifically on
issues affecting women, including violence against women, sexual
harassment, and the participation of women in the political process. The
net average salary for a woman is 84 percent of the national net average
salary. In 1996, the last year for which comparative statistics are
available, women in blue-collar jobs earned 79 percent of the salary of
their male counterparts. The average salary for women in white-collar jobs
was 70 percent of the salary of their male counterparts.

Children

The Government is strongly committed to children's rights and welfare;
it amply funds a system of public education and health care. It provides
free compulsory education from ages 6 to 18. The Francophone and Flemish
communities have agencies specifically dealing with children's needs.

In March 2000, Parliament amended the Constitution to include an
article on children's rights. The new article provides that every child
has the right to respect for his or her moral, physical, mental, and
sexual integrity. There are comprehensive child protection laws. Children
have the right to a voice in court cases that affect them, such as divorce
proceedings. The law states that a minor "capable of understanding" can
request permission to be heard by a judge, or that a judge can request an
interview with a child. The law is designed to combat child pornography by
the use of severe penalties for such crimes and for those in possession of
pedophilic materials. The law permits the prosecution of Belgian residents
who commit such crimes abroad and provides that criminals convicted of the
sexual abuse of children cannot receive parole without first receiving
specialized assistance and must continue counseling and treatment upon
their release from prison. A Senate report in July indicated that not all
courts apply the laws equally; the differences are attributed to
inconsistent prosecutorial efforts. On April 1, a new youth protection act
came into force to provide better protection against sexual exploitation,
abduction, and trafficking.

There is no societal pattern of abuse directed against children.

Child prostitution is a problem but is not widespread. Belgium is both
a transit point and a destination for trafficking in children (see Section
6.f.).

Government and private groups provide shelters for runaways and
counseling for children who were abused physically or sexually. Child
Focus, the government-sponsored center for missing and exploited children,
reported that it handled 2,065 cases in 2000 and 1,503 cases in 1999.
Nearly 48 percent of the reported cases concerned runaways, and 27 percent
involved abduction by parents. Approximately 8 percent were pedophilia
cases. Child Focus also reported that in the first half of the year, it
handled 641 runaway cases, compared with 527 for the same period in 2000.
Of such cases, 70 percent involved girls, most between the ages of 13 and
17.

Persons with Disabilities

The law provides for the protection of persons with disabilities from
discrimination in employment, education, and in the provision of other
state services. There were no reports of societal discrimination against
persons with disabilities. The Government mandates that public buildings
erected since 1970 be accessible to such persons and offers subsidies to
encourage the owners of other buildings to make necessary modifications.
However, many older buildings are not accessible.

The Government provides financial assistance for persons with
disabilities. It gives special aid to parents of children with
disabilities and to parents with disabilities. Regional and community
programs provide other assistance, such as job training. Persons with
disabilities are eligible to receive services in any of the three regions
(Flanders, Wallonia, or Brussels), not just their region of residence.

Religious Minorities

There are generally amicable relations among different religious groups
in society; however, several religious groups complain of societal
discrimination, particularly groups that have not been accorded official
"recognized" status by the Government and those associated primarily with
immigrant communities.

National/Racial/Ethnic Minorities

Belgium is a pluralistic society in which individual differences in
general are respected, and linguistic rights in particular generally are
protected. Approximately 60 percent of citizens are native Dutch speakers,
40 percent are French speakers, and less than 1 percent are German
speakers.

The Antiracism Law penalizes the incitement of discrimination, hate, or
violence based on race, ethnicity, or nationality. It is illegal for
providers of goods or services (including housing) to discriminate on the
basis of any of these factors and for employers to consider these factors
in their decisions to hire, train, or dismiss workers.

In 1999 the Government-sponsored Center for Equal Opportunity and the
Fight Against Racism, which is tasked with investigating complaints of
discrimination based on race, handled 919 complaints, 18 of which led to
court action. In its 2000 report, the center drew attention to
discrimination against non-Belgians in certain categories of public
service jobs. The report also referred to a study on behalf of the
International Labor Organization (ILO), which revealed persistent
discrimination against immigrants in private sector employment. However,
the center reported that it found very little discrimination in
eligibility for, and the payment of, social security benefits. In 2000 the
Government expanded the mandate of the center to fight discrimination on
the basis of gender, sexual orientation, birth, civil status, ill health,
age, and disability.

Section 6 Worker Rights

a. The Right of Association

Under the Constitution, workers have the right to associate freely,
which includes the freedom to organize and join unions of their own
choosing. The Government does not limit such activities, and workers fully
and freely exercise their right of association. Approximately 60 percent
of employed and unemployed workers are members of labor unions. Unions are
independent of the Government but have important links with major
political parties. The Government does not require unions to register.

In its 1999 report, the ILO's Committee of Experts on the Application
of Conventions and Recommendations reiterated its criticism that the
Government should adopt legislation establishing "objective,
predetermined, and detailed criteria" to enable employers' organizations
and trade unions to have access to the National Labor Council. Because of
restrictive interpretation of the legislation in force, only the
Christian, Socialist, and Liberal trade union confederations have access
to the National Labor Council. The Government has taken no action on the
issue.

Organized workers, including civil servants, have the right to strike;
however, members of the merchant marine, the military, and magistrates do
not. The federal and local police forces have the right to strike;
however, the Government can order necessary personnel back to work to
maintain law and order. Even though many strikes begin as wildcat actions,
strikers are not prosecuted for failure to observe strike procedures in
collective bargaining agreements. Crimes committed during a strike action,
such as causing bodily harm or damage to property, are clearly illegal
strike methods, which the authorities prosecute. The size and frequency of
strikes increased over those held in 2000. The most prominent strikes
during the year concerned collective bargaining for postal workers and
education workers and the demise of the national airline, Sabena.

A 2000 report published by the International Confederation of Free
Trade Unions (ICFTU) stated that for several years employers made
applications to civil courts to end strikes. The ICFTU report added that
civil court judges often ruled in the employers' favor without giving a
hearing to the unions, tending to end strikes under the threat of massive
fines and prohibit picketing. Under the law, unions are subject to
third-party lawsuits for damages suffered due to strikes.

Unions are free to form or join federations or confederations and are
free to affiliate with international labor bodies.

b. The Right to Organize and Bargain Collectively

The right to organize and bargain collectively is recognized,
protected, and exercised freely. Every other year, the employers'
federation and the unions negotiate a nationwide collective bargaining
agreement, covering 2.4 million private sector workers, that establishes
the framework for negotiations at the plant and branch levels. Employers
and unions reached a nationwide collective bargaining agreement in the
fall of 2000 that put into effect a wage cost rise of 6.4 percent for the
2001-02 period. The agreement calls for a 38-hour workweek as of 2003, and
provides that private sector workers are entitled to a 1-year career
interruption for family-related reasons. The agreement also provides
extended leaves of absence for parental reasons.

The law prohibits discrimination against organizers and members of
unions and protects against the termination of contracts of members of
workers' councils, members of health or safety committees, and shop
stewards. Employers found guilty of antiunion discrimination are required
to reinstate workers fired for union activities or to pay an indemnity;
however, payment of the indemnity reportedly has become much more common
than reinstatement. Effective mechanisms such as labor courts in each
district exist for the adjudication of disputes between labor and
management (see Section 1.e.).

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor; however, trafficking in
women and children is a problem (see Section 6.f.).

The law prohibits forced and bonded labor by children; however,
trafficking in children is a problem (see Section 6.f.).

d. Status of Child Labor Practices and Minimum Age for Employment

The minimum age for employment of children is 15. Youths between the
ages of 15 and 18 may participate in part-time work/study programs and may
work full time during school vacations. The labor courts effectively
monitor compliance with national laws and standards. There are no
industries where any significant child labor exists.

The Government prohibits forced and bonded child labor; however,
trafficking in children is a problem (see Section 6.f.).

e. Acceptable Conditions of Work

The monthly national minimum wage for workers over 21 years of age is
approximately $1,050 (47,250 Belgian francs): 18-year-olds must be paid at
least 82 percent of the minimum, 19-year-olds 88 percent, and 20-year-olds
94 percent. The national minimum wage, coupled with extensive social
benefits, provides a decent standard of living for a worker and family.
Minimum wages in the private sector are set in biennial, nationwide
collective bargaining meetings (see Section 6.b.), which lead to formal
agreements signed in the National Labor Council and made mandatory by
royal decree for the entire private sector. In the public sector, the
minimum wage is determined in negotiations between the Government and the
public service unions. The Ministry of Labor effectively enforces the law
regarding minimum wages. By law the standard workweek cannot exceed 39
hours, and work on Sundays is prohibited. Many collective bargaining
agreements set standard workweeks of 35 to 38 hours. The law requires
overtime pay for hours worked in excess of the standard. Work done from
the 9th to the 11th hour per day or from the 40th to the 50th hour per
week is considered allowable overtime. Longer workdays are permitted only
if agreed upon in a collective bargaining agreement. These laws and
regulations are enforced effectively by the Ministry of Labor and the
labor courts.

There are comprehensive provisions in the law for worker safety. In
some cases, collective bargaining agreements supplement these laws.
Workers have the right to remove themselves from situations that endanger
their safety or health without jeopardy to their continued employment, and
the law protects workers who file complaints about such situations. The
Labor Ministry implements health and safety legislation through a team of
inspectors and determines whether workers qualify for disability and
medical benefits. The law mandates health and safety committees in
companies with more than 50 employees. Labor courts effectively monitor
compliance with national health and safety laws and standards.

f. Trafficking in Persons

The law defines and criminalizes trafficking in persons; however, the
country is both a transit point and destination for trafficking in women
and children. Since 1994 the majority of cases have involved victims of
either sexual or economic exploitation from sub-Saharan Africa (especially
Nigeria), Central and Eastern Europe, and Asia (especially China). The
victims of sexual exploitation increasingly are women under age 18. For
example, authorities reported that through November, 870 minor refugees
(362 unaccompanied) attempted to depart for the United Kingdom through
Zebrugge Port. Nigerian and Albanian victims usually are young women
between the ages of 21 and 30 trafficked for prostitution. Chinese victims
often are young men trafficked for manual labor in restaurants and
sweatshops. There also are persistent reports that teenage boys, some as
young as 12 or 13 years, were being brought into the country from West
Africa and Latin America with false documents by soccer agents for tryouts
with local clubs. Boys who failed to gain a contract sometimes were
abandoned by their agents and ended up on the streets.

The overall number of reported trafficked persons may be increasing.
The three regional shelters report that they assisted 230 new victims in
2000, compared with 175 in 1999. The annual report of the Center for Equal
Opportunities and the Fight Against Racism for the year 2000 focused on
Albanian criminal organizations operating in Belgium and their involvement
in trafficking and prostitution, among other crimes. The Center also noted
that Chinese traffickers were increasingly active in sending victims
through the country.

In December Irish authorities discovered eight illegal Turkish
immigrants dead in a truck container carrying office furniture. Five
others survived. The container was loaded in Italy, shipped by rail to
Germany, trucked through Belgium, and loaded onto a ferry at the Belgian
port of Zeebrugge bound for Waterford, Ireland. It was unclear if the
eight Turks were victims of trafficking. A Belgian driver was arrested
shortly after the discovery; at year's end, the case against him remained
pending.

In 1996 the authorities uncovered a suspected pedophile/child
pornography and trafficking ring. Five suspects remained under
investigation, including the accused ringleader, Marc Dutroux, who was
arrested in 1996 and charged with murder. In December 2000, the Government
announced that Dutroux's trial on the pedophile/child pornography and
trafficking charges would begin in September 2002. Dutroux, a previously
convicted child sex offender, remained in prison at the year's end serving
a 5-year sentence for theft and assault. Lengthy delays in bringing the
pedophile and trafficking case against Dutroux to trial have led to
widespread public cynicism and suspicion about the investigation of the
case in particular and the judicial system in general.

An interdepartmental committee provides coordination and communication
between the various agencies and ministries involved in combating
trafficking. This committee meets several times a year under the auspices
of the Center for Equal Opportunity and the Fight Against Racism. A
magistrate is designated in each judicial district to supervise cases
involving trafficking in persons. A national magistrate is in charge of
coordinating the various antitrafficking initiatives. In June Parliament
passed legislation that created a federal prosecutor's office, which will
be responsible for prosecuting major crimes including trafficking (see
Section 1.e.). Antitrafficking units also have been established in the
federal and local police forces. In the 20 months ending in August 1999,
the authorities arrested 429 persons under the human trafficking law.
Approximately 100 cases resulted in convictions, with sentences averaging
from 2 to 6 years' imprisonment and fines of $2,200 to $10,000 (100,000 to
450,000 Belgian francs). However, at least some of the convictions were
related only indirectly to trafficking. In March 2000, French and Belgian
police dismantled an international trafficking ring organized in Paris and
run from Brussels that trafficked primarily Bulgarian women. There have
been isolated reports that individual government employees have accepted
bribes to assist trafficking groups. Relevant police agencies and
magistrates investigate these cases, and legal action has been taken
against such officials who abuse their authority to help traffickers.

Under the law, victims of trafficking who provide evidence against the
trafficker are granted temporary residence and work permits and are
eligible to receive significant financial assistance from
government-funded reception centers managed by nongovernmental
organizations (NGO's). In each of the three regions in the country
(Wallonia, Flanders, and Brussels), the Government has designated, and
subsidizes, a nonprofit organization to provide such assistance. At the
conclusion of legal proceedings against their traffickers, victims
generally are granted permanent residence status and unrestricted work
permits. The rights of victims are respected in practice, and they are not
treated as criminals. The Center for Equal Opportunity and the Fight
Against Racism reported that shelters assisted 230 persons in 2000,
primarily victims of sexual exploitation.

The Ministries of Interior and Foreign Affairs have worked closely
together to assign antitrafficking liaison officers to Belgian embassies
in countries of origin, including Albania, Cote d'Ivoire, the Democratic
Republic of Congo, Guinea, Kazakhstan, and Ukraine. These officers gather
information about local conditions and trafficking trends and assist in
establishing antitrafficking information campaigns tailored for the local
population. In May Belgian authorities temporarily suspended visa
processing for Russian citizens, stating that the denials were a result of
the Russian authorities' reluctance to cooperate in fighting human
trafficking.

The Government has worked closely with the IOM to develop programs to
combat human trafficking and to assist its victims. For example, the
Government provided funding for information campaigns in countries of
origin to warn women of the dangers of trafficking. It also provided
funding to the IOM to assist the voluntary return of victims to their home
countries and to assist them in readjusting once they have returned home.
The Government works closely with and supports NGO's that combat
trafficking.